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(영문) 대구지방법원 김천지원 2018.01.10 2017가단33441
사해행위취소
Text

1. It was concluded on August 30, 2016 with respect to the 3/8 share of each real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. C completed the registration of ownership transfer on December 23, 2005 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”) on March 7, 2006 to B (3/8), D (2/8 shares), E (1/8 shares), and the Defendant (2/8 shares), as to each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On May 20, 2014, the Plaintiff entered into a credit guarantee agreement between B and B, which provides that ① KRW 97.75 million guaranteed on May 20, 2014, the term of guarantee shall be extended to May 19, 2015 (this date, extended to May 19, 2017), ② a credit guarantee agreement which provides that the guaranteed amount shall be KRW 95 million on July 3, 2015, and the term of guarantee shall be June 30, 2017 (hereinafter collectively referred to as the “credit guarantee agreement of this case”). According to the credit guarantee agreement of this case, when the Plaintiff fulfilled the guaranteed obligation, the Plaintiff shall reimburse the performance amount of the guaranteed obligation, penalty (1.7% per annum from the date following the expiration of the term of guarantee to the date of subrogation), legal procedure expenses, etc.

C. B around May 2014, under the instant credit guarantee contract, loans each of the KRW 115 billion from one bank around May 20, 2014, and KRW 100 million around July 3, 2015.

B On August 30, 2016, between Defendant (B’s father) and Defendant (hereinafter “instant share”) entered into a sales contract with the purchase price of KRW 300 million for shares in the instant real estate (hereinafter “instant sales contract”). On September 1, 2016, B completed the registration of ownership transfer to the Defendant.

E. On September 27, 2016, the Defendant completed the registration of the establishment of a neighboring mortgage on the instant real estate to the Daegu Bank, Inc., the maximum debt amount of KRW 1772,500,000,000.

F. A around February 24, 2017, around February 24, 2017, caused a credit guarantee accident due to the delay in the principal and interest of loans, and the Plaintiff subrogated for KRW 176,103,350 to the Han Bank on June 16, 2017.

Legal procedure costs incurred by the Plaintiff are KRW 1,594,516, and penalty is KRW 100,040.

G. B’s active property at the time of the instant sales contract: ① KRW 528,92,910 (i.e., KRW 1,410,647,760 x 3/8 shares) equity in this case; ② 100 million.

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